1. The brief history of the case of complainant is that he is holder of SB A/c No.11384514053 with ATM facility under the Opp. Parties. It is submitted that the complainant has withdrawal money through ATM card on 20.11.2014, 01.12.2014  & 06.12.2014 from the ATM counter at Malkangiri, but on 12.12.2014 attempted withdrawal he noticed shortage of Money in his account and hence he made complaint with the Ops who bridged the account of the complainant.

It is further submitted that when he withdrew a sum of Rs.10,000/- from the bank counter on 02.01.2015, he notice that a sum of Rs. 8337/- is left in his account. But to the utter surprise of the complainant, he received a mobile alert on 12.01.2015 about withdrawal of money from his account and visit to the bank, he found from the statement of account that a sum of Rs.13,180/-has been withdrawn through Posin between 20.11.2014 to 12.01.2015. Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops to credit Rs. 13,180/- in his account with interest @ 18% p.a. and to pay Rs. 10,000/- towards compensation and Rs. 2,000/- towards cost of litigation.
 

2. The Ops filed counter denying the allegations of the complaint and contended that the complainant has never complained  about missing of his money from his account. It is further contended that there is racket ATM fraud by miscreants which is beyond the control and imagination of a man of ordinary   prudence to know or smell at all and hence liability cannot be fixed on the bank for the loss of any ATM amount. In view of the terms and conditions of ATM-cum-Debit card, the Ops. Thus denying any fault on their part, the Ops prayed to dismiss the case of the complainant.

3. Both the parties have filed certain documents along with affidavit in support of their cases. Heard from the parties through their respective A/Rs and perused the materials available on dismiss the case of the complainant.
    
4. In this case, the SB A/c no.11384514053 with ATM facility obtained by the complainant from the Op.No.1 is an admitted fact. The case of the complainant is that on 12.12.2014 he noticed shortage of money in his account while withdrawing money though ATM card and the said fact was intimated to Op.No.1 who in turn assured to block the ATM withdrawal. Again while withdrawing money on 02.01.2015 from bank counter he also notice that Rs. 13,180/- has been withdrawn from his account in between 20.11.2014 to 12.01.2015 though the Pos purchase.
    
5. Now it became clear that inspite of complaint, the Op.No.1 has not blocked the ATM card of the complainant on 12.12.2014. The complainant has withdrawn money though his ATM on 02.01.2015 also. If the ATM card of the complainant is with him all along, how could it be possible to use the same ATM Card by others to purchase and debit amount from the account? Further it is also founds that if the Ops had blocked the account of the complainant as on 12.12.2014, then how it can be possible on the part of the complainant to withdraw his money on 02.01.2015. In the light of their contentions, the Ops have not filed any documentary evidences. Therefore, it can be concluded that though the ATM Card was with the complainant and since the Ops have not blocked fraudulently withdrawn by somebody from the said account has which the complainant has complainant has no fault.

Further the Opsin their counter have clearly admitted that there is a racket of criminals practicing active fraud in respect of ATM account and also they have contended that the crime committed by the criminals in ATM account is beyond the imagination of a man of ordinary prudence to know or smell at all, which submissions clearly proves the inability and inefficiency on the part of the bank to protect the hard earnings of their valuable customers, which are under their custody and such type of activity on part of the Op- Bank is nothing but only to cause loss and harass their customers.

6. Further, it is well known to the Ops that the ATM and its server are with them. Any tempering and misuse to the machines is the fault of the ops for which the poor customer at no stretch of imagination can be suffered. For the safeguard of the interest of consumers and for protection of their hard earned money, the Ops should work hard and the help of enforcement agencies should be taken to find out their fault and apprehend the culprits. Necessary technologies must be adopted so that the culprit access could be restrained to such fraudulent withdrawal. Simply stating that this activity is rampant all over country will not do but to act for the interest of their valued customers, as the OP- Bank who are in banking business and earning profit out of amount deposited by their customer.
    
7. In the above facts and circumstances, it can be concluded in the case in hand that a sum of Rs. 13,180/- has been fraudulently withdrawn from the account of the complainant when the ATM card and PIN was in his possession for which the Ops are liable and the complainant is  entitled to get back his money with interest, further for such withdrawals, the complainant must have suffered some mental agony also filed this case incurring some expenditures, for which he is entitled for some compensation and costs. Considering his suffering we feel a sum of Rs. 2000/- and Rs. 1000/- towards compensation and costs will meet the ends of justice.

ORDER

        That the Complaint petition is  allowed in part and the Ops jointly and severally liable are directed to credit Rs. 13,180/- with simple interest @ 6% p.a. from 12.12.2014 till payment and to pay Rs. 2000/- towards compensation and Rs. 1000/- towards costs of litigation to the complainant within 30 days from the date of the communication of this order.

Pronounced in  the open Forum on this the 31^th day of October, 2017.

        Issue free copy to the parties concerned.